Bergeron v. Hobbs
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Bayfield county: JohN 3L Parish, Circuit Judge. The defendants, under the name of Bayfield Agricultural Association, employed several persons to perform labor in improving their grounds and in erecting fences and buildings. Time checks given by the defendants to such laborers, for such labor, were assigned to the plaintiff, who brings this action to recover their amount, alleging that the defendants were a copartnership.
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Appeal from a judgment of tbe circuit court for Bayfield county: JohN 3L Parish, Circuit Judge. The defendants, under the name of Bayfield Agricultural Association, employed several persons to perform labor in improving their grounds and in erecting fences and buildings. Time checks given by the defendants to such laborers, for such labor, were assigned to the plaintiff, who brings this action to recover their amount, alleging that the defendants were a copartnership. The defendants alleged that they were members of a corporation, and denied that they were copartners, or liable as such. This…
1Opinion of the CourtNewman, J.
There are two questions raised on this appeal; (1) Was the mere recording of the articles of incorporation, with the certificate of the election of officers, without the intention or fact of the papers themselves remaining in the office, a sufficient compliance with the statute, so that the organization of the borporation became complete, as upon a *643proper filing of the papers themselves? And (2) if the recording was not sufficient for that purpose, are the defendants liable to the plaintiff only as a defacto corporation, or are they liable as copartners?
1. The statute (sec. 1460, R. S.)…
2Cases cited18 opinions
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
- Eaton v. WalkerMichigan Supreme Court · 1889
- Hudson v. Green Hill Seminary Corp.Illinois Supreme Court · 1885
- Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Franke v. MannWisconsin Supreme Court · 1900
- Jolin v. OsterWisconsin Supreme Court · 1972
- Johnson v. OkerstromSupreme Court of Minnesota · 1897
- Slocum v. HeadWisconsin Supreme Court · 1900
- Gilkey v. Town of HowWisconsin Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.